Supreme Court of India · 2008-12-16
WADA ARUN ASBESTOS (P) LTD. vs GUJARAT WATER SUPPLY & SEWERAGE BOARD
- Citation / case number
- SC 2006/11878
- Court
- Supreme Court of India
- Petitioner
- WADA ARUN ASBESTOS (P) LTD.
- Respondent
- GUJARAT WATER SUPPLY & SEWERAGE BOARD
- Author
- S.B. Sinha
- Bench
- CYRIAC JOSEPH S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the appeal against the Gujarat High Court's order that set aside a decree under Order 37 Rule 3(6)(b) of the Code of Civil Procedure, remitting the matter to the trial court. The Court held that the defendants' failure to comply with the conditional leave to defend did not preclude them from raising a defense regarding the plaintiff's performance under the agreement. The Court emphasized the importance of allowing the trial court to decide the matter on its merits, thus reversing the High Court's decision and reinstating the decree.